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DAVIS v. STATE

No. 1D03-0149.

860 So.2d 1101 (2003)

Michael Alan DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 12, 2003.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; and Barbara J. Yates, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

Upon the State's concession of error, we vacate the excessive sentence on Count II and remand for the trial court to impose a sentence within the time limits allowed for a third-degree felony and to correct the sentence/probation orders accordingly. § 775.082(3)(d), Fla. Stat. (2002). The State charged Appellant with fleeing or attempting to elude a law-enforcement officer (Count I), a second-degree felony pursuant to section 316.1935(3), Florida...

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